12 1 14 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:00 p.m. on December 1, 2014
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pro Tem Braig, Council Members Connors, Jones, Lynch, Resnick,
Sutton; City Manager Van Milligen, City Attorney Lindahl
Absent: Mayor Buol
Mayor Pro Tem Braig read the call and stated this is a special session of the City
Council called for the purpose of conducting a work session on the Quarterly Sustaina-
ble Dubuque Project
QUARTERLY SUSTAINABLE DUBUQUE PROJECT
WORK SESSION
Sustainability Coordinator Cori Burbach, Vice President of Programs for the Commu-
nity Foundation of Greater Dubuque Eric Dregne, Public Health Specialist Mary Rose
Corrigan and Transit Manager Candace Eudaley presented information on the following
topics:
• Plastic Bag Community Outreach
o Voluntary request for data from retailers
o Goals and Targets
• PM Advance: Clean Air Attainment Strategy
o New EPA Program: Voluntary participation
o PM Advance Process
o Path Forward
• Jule Public Transit Progress
o New routes and time savings
o Ridership increase
o SMITH System Training
o Accident reduction
The City Council had discussion with the representatives following the presentation.
There being no further business, upon motion the City Council adjourned at 6:21 p.m.
/s/Trish L. Gleason, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on December 1, 2014
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol (by phone); Mayor Pro Tem Braig, Council Members Connors,
Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl
Mayor Pro Tem Braig read the call and stated this is a regular session of the City
Council called for the purpose of conducting such business that may properly come be-
fore the City Council.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Council Member Jones requested #6 (2015 State Legislative Prior-
ities) be held for separate discussion. Seconded by Resnick. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 11/17; Civil Service
Commission of 11/12; Proof of Publication for City Council Proceedings of 11/3. Upon
motion the documents were received and filed.
2. Notice of Claims and Suits: Jordan Stackis for vehicle damage, University of
Dubuque (Craig Kloft) for property damage. Upon motion the documents were received,
filed and referred to the City Attorney.
3. City Focus - Fall 2014: City Manager transmitting the Fall 2014 City Focus. Upon
motion the document was received and filed.
4. Civil Service Commission: Civil Service Commission submitted the certified list for
the position of Parking System Technician. Upon motion the document was received,
filed and made a Matter of Record.
5. Code of Ordinances - Adoption of Supplement No. 16: City Clerk recommending
adoption of Supplement No. 16 to the City of Dubuque Code of Ordinances, which codi-
fies Ordinance No. 38-14 through 43-14, 46-14 through 52-14 and code change as
adopted by the City Council and enacted through August 4, 2014. Upon motion the
documents were received and filed and Resolution No. 378-14 Adopting Supplement
No. 16 to the Code of Ordinances of the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 378-14
ADOPTING SUPPLEMENT NO. 16 TO THE CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA
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Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance
No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entire-
ty; and
Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code of Ordinances and said amendments
have been printed as supplements to the Code of Ordinances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolu-
tion, become part of the Code of Ordinances.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 16 of the Code of Ordinances of the City of Dubu-
que, Iowa, covering Ordinances 38-14 through 43-14, 46-14 through 52-14, and code
change passed by Council and enacted through August 4, 2014, prepared by the Ster-
ling Codifiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa
is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque,
Iowa.
Passed, approved and adopted this 1st day of December, 2014.
Karla A. Braig, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
6. 2015 State Legislative Priorities: City Manager submitting the 2015 State of Iowa
Legislative Priorities for adoption and presentation to legislators at the annual Legisla-
tive Dinner. The proposed Regents' Policy for Performance Based Funding and the ad-
verse effect it may have was discussed.
Motion by Jones to receive and file the documents and approve the recommendation.
Seconded by Connors. Motion carried 7-0.
7. Community Development Block Grant (CDBG) Citizen Participation Plan —
Amendment: City Manager recommending approval of the City's Community Develop-
ment Block Grant (CDBG) Program Citizen Participation Plan that was approved by the
Community Development Advisory Commission on November 19, 2014. Upon motion
the documents were received and filed and Resolution No. 364-14 Amending the Citi-
zen Participation Plan by repealing the existing plan and adopting a new Citizen Partici-
pation Plan in lieu thereof for the Community Development Block Grant (CDBG) Pro-
gram was adopted.
RESOLUTION NO. 364-14
AMENDING THE CITIZEN PARTICIPATION PLAN BY REPEALING THE EXISTING
PLAN AND ADOPTING A NEW CITIZEN PARTICIPATION PLAN IN LIEU THEREOF
FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
Whereas, the City Council of the City of Dubuque, Iowa adopted a Citizen Participa-
tion Plan (the "Plan") which set forth a process for citizen involvement in the develop-
ment of the City's Community Development Block Grant (CDBG) program on Septem-
ber 8, 1992; and
Whereas, the City Council has amended the Plan from time to time; and
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Whereas, the Community Development Advisory Commission has proposed and
recommended approval to the City Council an amendment to the Plan as described in
Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Citizen Participation Plan is hereby repealed and a new Citizen
Participation Plan as shown in Exhibit A is hereby adopted in lieu thereof;
Section 2. That said Amendment shall become effective immediately.
Section 3. That the Plan as amended shall be filed in the Housing and Community
Development Department as required by the U.S. Department of Housing and Urban
Development.
Passed, approved and adopted this 1st day of December, 2014.
Karla A. Braig, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
8. Continuum of Care Grant Closeout for Fiscal Year 2014: City Manager recom-
mending authorization for the Mayor to sign the close-out documents for the Fiscal Year
2014 Continuum of Care Grant submittal to HUD. Upon motion the documents were re-
ceived, filed and approved.
9. Vacated Alley Conveyance - Property Adjacent to 440 Klingenberg Terrace: City
Manager recommending rescinding Resolution No. 187-14 which approved the deed
and approve the corrected deed. Upon motion the documents were received and filed
and Resolution No. 365-14 Rescinding Resolution No. 187-14 incorrectly authorizing
the conveyance of the East 10 Feet of the vacated alley lying between Lot 1 of Lot 4
and Lot 1 of Lot 5 and Lots 8 And 9 In C.A. Voelker's Addition, in the City Of Dubuque,
Iowa, to "Nathan J. Morfold and Sarah J. Morfold", and authorizing such conveyance to
Sarah J. Morford was adopted.
RESOLUTION NO. 365-14
RESOLUTION NO. 187-14 INCORRECTLY AUTHORIZING THE CONVEYANCE OF
THE EAST 10 FEET OF THE VACATED ALLEY LYING BETWEEN LOT 1 OF LOT 4
AND LOT 1 OF LOT 5 AND LOTS 8 AND 9 IN C.A. VOELKER'S ADDITION, IN THE
CITY OF DUBUQUE, IOWA, TO "NATHAN J. MORFOLD AND SARAH J. MOR -
FOLD", AND AUTHORIZING SUCH CONVEYANCE TO SARAH J. MORFORD
Whereas, the City Council of the City of Dubuque, by Ordinance adopted November
30, 1931, vacated the alley lying first west of Paul Street, parallel to Paul Street and
Rosaline Street, and lying between Lowell Street and Klingenberg Terrace; and
Whereas, the Ordinance also provided that the alley was granted to the owners of the
lots abutting the alley on the east and west side; and
Whereas, a conveyance of the property was reaffirmed by Resolution No. 21-50, but
a Deed to the property was never conveyed to the owners of the abutting property; and
Whereas, Sarah J. Morford is now the owner of the property abutting on the east side
of the alley and has requested a Quit Claim Deed to the east ten feet (10') of the vacat-
ed alley; and
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Whereas, by Resolution No. 187-14 the City Council incorrectly authorized the con-
veyance of the property to Nathan and Sarah Morfold when the property should only
have been conveyed to Sarah and her correct name is "Morford"; and
Whereas, the Quit Claim Deed has been recorded as Instrument No. 2014-7697; and
Whereas, Resolution No. 187-14 should be rescinded, and the conveyance of the
property to Sarah J. Morford should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Resolution No. 187-14 is hereby rescinded and the Quit Claim Deed rec-
orded as Instrument No. 2014-7697 is declared null and void.
Section 2. That the conveyance of the East 10 feet of the vacated alley lying between
Lot 1 of Lot 4 and Lot 1 of Lot 5 and Lots 8 and 9 In C.A. Voelker's Addition, in the City
of Dubuque, Iowa, to Sarah J. Morford pursuant to the Quit Claim Deed attached hereto
is hereby approved.
Section 3. The Mayor is authorized and directed to execute the Quit Claim Deed, a
copy of which is attached hereto. The City Clerk is hereby authorized and directed to
record a copy of this Resolution in the Office of the Dubuque County Recorder and to
deliver the Quit Claim Deed to Sarah J. Morford.
Passed, approved and adopted this 1st day of December, 2014.
Karla A. Braig, Mayor Pro Tem
Attest: Trish Gleason, Assistant City Clerk
10. Service Agreement - TRICOR Safety Consulting: City Manager recommending
approval of an agreement with TRICOR Safety Consulting to review policies, prepare
manuals, conduct assessments and authorization for the City Manager to execute the
Service Agreement. Upon motion the documents were received, filed and approved.
11. Delinquent Garbage, Junk, Weeds Collection Accounts: City Manager recom-
mending the levy of Special Assessments for the Weed /Junk /Garbage Enforcement
Programs. Upon motion the documents were received and filed and Resolution No.
366-14 Adopting the Schedule of Assessments for 2014 and directing the City Clerk to
certify the Schedule of Assessments to the County Treasurer and to publish notice
thereof was adopted.
RESOLUTION NO. 366-14
ADOPTING THE SCHEDULE OF ASSESSMENTS FOR 2014 AND DIRECTING THE
CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUN-
TY TREASURER AND TO PUBLISH NOTICE THEREOF
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That after full consideration of the Schedule of Assessments attached hereto for
weed/grass cutting and junk/garbage removal tax assessments which Schedule of As-
sessments was filed in the office of the City Clerk on the, the said Schedule of As-
sessments be and the same is hereby approved and adopted.
That there be, and is hereby assessed and levied as a lien upon the real property,
the respective sums indicated.
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That the City Clerk be and is hereby directed to certify said schedule to the
County Treasurer of Dubuque County, Iowa, and to publish notice of said certifica-
tion once each week for two consecutive weeks in the manner provided in Iowa
Code §362.3, the first publication of which shall be not more than fifteen days from the
date of filing of the final schedule. On or before the date of the second publication of
the notice, the City Clerk shall also mail a copy of said notice to property owners
whose property is subject to assessment, as provided and directed in Iowa Code §
384.60.
The assessments may be paid in full or in part without interest at the Utility Billing
Office, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after
the date of the first publication of the notice of the filing of the Schedule of As-
sessments with the County Treasurer. After 30 days, unpaid assessments are
payable at the County Treasurer's Office, Dubuque County Courthouse, 720 Central
Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general
property taxes against the respective parcels of the property set opposite the name of
the property owner.
Passed, approved and adopted this 1st day of December, 2014.
Karla A. Braig, Mayor Pro Tem
Attest: Trish Gleason Assistant City Clerk
SCHEDULE OF ASSESSMENTS
WEED/JUNK/GARBAGE ENFORCEMENT PROGRAMS
Property Address, Owner, Parcel, Legal Description, Date, Expense, Admin. Fee
Walker, 849, David & Jill Hawkins, 849 Walker, Dubuque IA 52001, 1 01 21 84005,
Lots 513 & 514 North Dubuque Add, 07/15/2014, $45.00, $25.00
Rhomberg Ave, 700, Hiba Petroleum, Inc., 1785 Ruzich Dr., Bartlett, II 60103,
1013485018, Ne 36'& Sw 16.43' of Lot 20 Cooks Add & Lot 21 Cooks Add, 07/29/2014,
$90.00, $25.00
Angella St, 595, Michael J. Dennison, 14674 N Cascade Rd, Lot 415, Dubuque, IA
52003, 1024306001, Lot 21 Quigleys Sub of 709, 07/29/2014, $75.00, $25.00
W 11th St, 726, Brian M. Cluff, 726 W 11th St, Dubuque, IA 52001, 1024384003, Sub
of City Lot 738 W E 73' Lot 2, 08/05/2014, $50.00, $25.00
Lori St, 1775, Mike & Susan Demaio, 1775 Lori St, Dubuque, IA. 52001,
1015481021, Lot 8 BIk 4 Scenic View Heights #3, 08/05/2014, $45.00, $25.00
Southern Ave, 519, Bank of America, 31303 Agoura Rd, Westlake Village, CA.
91361, 1036252012, Lot 4 South Ave Add, 08/05/2014, $60.00, $25.00
N Grandview Ave, 2877, North Grandview Estates. LLC, 13912 Whistlewind Ln,
Dubuque, IA 52002, 1014155035, 1014155034, 1014155033, 1014155030,
1 01 41 55028, 1 01 41 55026, Lots 3, 4, 5, 8, 10, & 12 North Grandview Estates No.2,
07/18/2014, $195.00, $25.00
Amelia Dr., 1947, Brandy M. Welter, 1947 Amelia Dr., Dubuque, IA 52001,
1012427015, Lot 8 BIk 4 Prairie Heights, 09/08/2014, $60.00, $25.00
Jackson St, 2477, Heather Tussey, 2477 Jackson St, Dubuque, IA 52001,
1013379016, Lot 3 Olingers Sub, 09/17/2014, $80.00, $25.00
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Rhomberg Ave, 700, Hiba Petroleum, Inc., 1785 Ruzich Dr., Bartlett, II 60103,
1013485018, Ne 36'& SW 16.43' of Lot 20 Cooks Add & Lot 21 Cooks Add, 09/29/2014,
$30.00, $25.00
Air Hill, 850, Louis Mihalakis, 1212 Miller Rd, Dubuque, IA 52003, 1025130011, N
40'-5 1/2 -Lot 12, S 35'-5 1/2 Lot 12 & S 60' -Lot 13 All In Kelly's Sub., 09/26/2014,
$80.00, $25.00
Olde Country Ln, 2901, Craig D & Gretchen C Nordenson, 2901 Olde Country Ln,
Dubuque, IA 52001, 1015302002, Lot 2 BIk 3 Highland, 10/09/2014, $45.00, $25.00
EIm St, 2721, Travis Kaiser & Kendra Chapman, 2721 EIm St, Dubuque, IA 52001,
1013182023, S 1/2 of Lot 191 Glendale Add, 10/07/2014, $70.00, $25.00
Jackson St, 1228, Maurice Kirchberg, 1228 Jackson St, Dubuque, IA 52001,
1024435011, S 26.2' Lot 60 East Dubuque Add, 10/16/2014, $75.00, $25.00
12. Acceptance Wilbur Street Reconstruction Project: City Manager recommending
acceptance of the construction contract for the Wilbur Street Reconstruction Project, as
completed by Key City Excavating, Inc. Upon motion the documents were received and
filed and Resolution No. 367-14 Accepting the Wilbur Street Reconstruction Project and
authorizing the payment to the contractor was adopted.
RESOLUTION NO. 367-14
ACCEPTING THE WILBUR STREET RECONSTRUCTION PROJECT AND AUTHOR-
IZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Wilbur Street Reconstruction Pro-
ject (the Project) has been completed by the Contractor, Key City Excavating, Inc.
(Contractor), and the City Engineer has examined the work and filed a certificate stating
that the Project has been completed according to the terms of the Public Improvement
Contract and that the City Engineer recommends that the Project be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from
the Stone Retaining Walls appropriations for the contract amount of $7,850.78, less
any retained percentage provided for therein as provided in Iowa Code chapter 573,
and to pay such retainage only in accordance with the provisions of Iowa Code
chapter 573.
Passed, approved and adopted this 1st day of December, 2014.
Karla A. Braig, Mayor Pro Tem
Attest: Trish L. Gleason, City Clerk
13. Acceptance of Storm Sewer Project - Sunnyview Drive: City Manager recom-
mending acceptance of the storm sewer improvements in a portion of the Southerly 99
feet of Lot 92 in Finley's Addition to the City of Dubuque, which the owners, James and
Kristine Noonan, have recently completed. Upon motion the documents were received
7
and filed and Resolution No. 368-14 Accepting Storm Sewer Improvements in a Portion
of the Southerly 99 Feet of Lot 92 in Finley's Addition to the City of Dubuque was
adopted.
RESOLUTION NO. 368-14
ACCEPTING STORM SEWER IMPROVEMENTS IN A PORTION OF THE SOUTHER-
LY 99 FEET OF LOT 92 IN FINLEY'S ADDITION TO THE CITY OF DUBUQUE
Whereas, pursuant to a Memorandum of Agreement dated July 3, 2014, certain pub-
lic improvements including a storm sewer relocation were installed by James E. and
Kristine E. Noonan, Owners of the Southerly 99 feet of Lot 92 in Finley's Addition to the
City of Dubuque; and
Whereas, the storm sewer relocation has been completed and the City Manager has
examined the work and has filed a certificate stating that the same has been completed
in accordance with the plans approved by the City Council and in conformance with
City specifications, and has recommended that the storm sewer extension be ac-
cepted by the City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said
storm sewer relocation in a portion of the Southerly 99 feet of Lot 92 in Finley's Addi-
tion to the City of Dubuque be and the same is hereby accepted.
Passed, adopted and approved this 1st day of December, 2014.
Karla A. Braig, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
14. Acceptance of Water Main Improvements - Truck Country: City Manager recom-
mending acceptance of the public improvements that the owners, Truck Country, have
recently completed adjacent to the north side of their property at 10785 Route 61 in
Dubuque. Upon motion the documents were received and filed and Resolution No. 369-
14 Accepting water main improvements in the Chestnut St. & US Highway 151/61 Right
of Ways in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 369-14
ACCEPTING WATER MAIN IMPROVEMENTS IN THE CHESTNUT ST. & US HIGH-
WAY 151/61 RIGHT OF WAYS IN THE CITY OF DUBUQUE, IOWA
Whereas, per an agreement between the City of Dubuque and Truck Country,
certain public improvements including approximately fifty five lineal feet of water main
and appurtenances were installed by Truck Country in the Chestnut Street and US
Highway 151/61 right of ways in the City of Dubuque, Iowa; and
Whereas, the improvements have been completed and the City Manager has exam-
ined the work and has filed a certificate stating that the same has been completed in
accordance with the plans on the attached Exhibit A and in conformance with City speci-
fications, and has recommended that the improvements be accepted by the City Coun-
cil.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the recommendation of the City Manager be approved and that
said public improvements in the Chestnut Street and US Highway 151/61 right of ways
be and the same is hereby accepted.
Section 2. That maintenance of said public improvements shall be the responsibility
of the owners, Truck Country, for a period of two (2) years from the date of this resolu-
tion.
Passed, approved and adopted this 1st day of December, 2014.
Karla A. Braig, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
15. Acceptance of Water Main Improvements - Holliday Drive: City Manager recom-
mending acceptance of the water main easement from Warrior Enterprises for an exist-
ing water main across Lot 1 Holliday 6th Addition in the City of Dubuque. Upon motion
the documents were received and filed and Resolution No. 370-14 Accepting a Grant of
Easement for water main through, over and across Lot 1 Holliday 6th Addition, in the
City of Dubuque, Iowa was adopted.
RESOLUTION NO. 370-14
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN THROUGH, OVER AND
ACROSS LOT 1 HOLLIDAY 6TH ADDITION, IN THE CITY OF DUBUQUE, IOWA
Whereas, Warrior Enterprises LLC and the City of Dubuque wish to set forth terms
for the construction, maintenance, and replacement of site improvements over an exist-
ing water main utility located in Lot 1 Holliday 6th Addition, in the City of Dubuque,
Dubuque County, Iowa; and
Whereas, Warrior Enterprises LLC have executed an Easement for Water Main
through, over and across Lot 1 Holliday 6th Addition, in the City of Dubuque, Dubuque
County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac-
cepts and consents to the Grant of Easement for Water Main through, over and across
Lot 1 Holliday 6th Addition, in the City of Dubuque, in the City of Dubuque, Dubuque
County, Iowa from Warrior Enterprises LLC, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 1st day of December, 2014.
Karla A. Braig, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
16. Sewershed 5 Corrective Action Plan: City Manager recommending authorization
to certify and submit the City of Dubuque's Corrective Action Plan for Sewershed 5 to
the U.S. Department of Justice, the U.S. Environmental Protection Agency and the Iowa
Department of Natural Resources. Upon motion the documents were received, filed and
approved.
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17. Fiscal Year 2016 Annual Tax Increment Financing (TIF) Report: City Manager
transmitting the Annual Tax Increment Financing (TIF) Report that has been filed with
Dubuque County Auditor Denise Dolan. Upon motion the documents were received and
filed.
18. Fiscal Year 2014 State Urban Renewal Report: City Manager recommending ap-
proval of the Fiscal Year 2014 State Urban Renewal Annual Report. Upon motion the
documents were received and filed and Resolution No. 371-14 Approving the Fiscal
Year 2014 Urban Renewal Report for the City of Dubuque was adopted.
RESOLUTION NO. 371-14
APPROVING THE FISCAL YEAR 2014 URBAN RENEWAL REPORT FOR THE CITY
OF DUBUQUE
Whereas, the Iowa Legislature approved HF 2460 in the 2012 Legislative Session,
amending the current law pertaining to urban renewal districts; and
Whereas, HF 2460, otherwise known as the Urban Renewal Reporting Act of 2012,
aims to increase transparency in the utilization of tax increment financing; and
Whereas, HF 2460 requires an annual urban renewal report be approved by the ma-
jority of a local governing body that had an active urban renewal plan anytime during the
most recently ended fiscal year; and
Whereas, City staff have fulfilled the requirements outlined in the Act through a web -
based reporting tool hosted by the Iowa Department of Management.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Fiscal Year 2014 Urban Renewal Report for the City of Dubuque,
be approved.
Section 2. That the Budget Director of the City of Dubuque, Iowa is hereby authorized
and directed to submit the Report, with a record of this approval, to the Iowa Depart-
ment of Management.
Passed, approved and adopted this 1st day of December, 2014.
Karla A. Braig, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
19. Alcohol Compliance Civil Penalty for Alcohol License Holder — 1st & Main: City
Manager recommending approval of the Acknowledgment/Settlement Agreement for an
alcohol compliance violation for 1st & Main, 101 Main Street. Upon motion the docu-
ments were received, filed and approved.
20. Alcohol and Tobacco License Applications: City Manager recommending approv-
al of annual liquor, beer, wine and tobacco licenses applications as submitted. Upon
motion the documents were received and filed and Resolution No. 372-14 Approving
applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code
of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Arti-
cle B Liquor, Beer and Wine Licenses and Permits and Resolution No. 373-14 Approv-
ing applications for retail cigarette/tobacco sales permits, as required by Iowa Code
453A.47A were adopted.
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RESOLUTION NO. 372-14
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted
and filed with the City Council for approval and the same have been examined and ap-
proved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Renewals
Cue Masters Billiards
900 Central Ave.
Class C Liquor (Sunday)
Hy -Vee #2
2395 NW Arterial
Class E Liquor (Sunday)
Hy -Vee C -Store #1
3270 Dodge St.
Class C Beer, Class B Wine (Sunday)
Instant Replay
1602 Central Ave.
Class C Liquor (Living Qrts.) (Sunday)
Kwik Stop Food Mart
4039 Pennsylvania
Ave.
Class C Beer, Class B Native Wine
(Sunday)
Pepper Sprout, Inc.
378 Main St.
Class C Liquor
Sam's Club #4973
4400 Asbury Rd.
Class E Liquor (Sunday)
Steve's Ace Home &
Garden
3350 JF Kennedy Rd.
Class B Native Wine (Sunday)
The Moracco
1413 Rockdale Rd.
Class C Liquor (Sunday)
Passed, approved and adopted this 1st day of December, 2014.
Karla A. Braig, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
RESOLUTION NO. 373-14
APPROVING APPLICATIONS FOR RETAIL CIGARETTE/TOBACCO SALES PER-
MITS, AS REQUIRED BY IOWA CODE 453A.47A
Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed
with the City Council for approval and the same have been examined and approved;
and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
following named applicants and locations for cigarette/tobacco sales permit.
Sam's Club #4973, 4400 Asbury Rd.
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Passed, approved and adopted this 1st day of December, 2014.
Karla A. Braig, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their appointment to the
following Boards/Commissions:
1. Mediacom Charitable Foundation One, 1 year term through December 31, 2015
(Expired term of Chavenelle). Applicant: Gail Chavenelle, 1155 Kelly Lane.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
1. North Cascade Road Area - Housing Urban Renewal Plan: Proof of Publication on
notice of public hearing to consider North Cascade Road Urban Renewal Plan and Joint
Agreement with Dubuque County and the City Manager recommending approval. Mo-
tion by Connors to receive and file the documents and adopt the Resolutions No. 374-
14 Approving the Urban Renewal Plan for the North Cascade Road Housing Urban Re-
newal Area. Seconded by Resnick. Leisure Services Manager Marie Ware updated
council regarding enhanced park wording in documents. Motion carried 7-0.
RESOLUTION NO. 374-14
APPROVING THE URBAN RENEWAL PLAN FOR THE NORTH CASCADE ROAD
HOUSING URBAN RENEWAL AREA
Whereas, by Resolution 331-14 approved on October 20, 2014, the City Council of
the City of Dubuque, Iowa authorized the preparation of an Urban Renewal Plan for the
North Cascade Road Housing Urban Renewal Area (the "District"); and
Whereas, the proposed Urban Renewal Plan for the District has been prepared and
placed on file for public inspection in the City Clerk's Office; and
Whereas, the City of Dubuque's primary objective for the North Cascade Road Hous-
ing Urban Renewal Area is to stimulate, through public involvement and commitment,
private investment in new housing and residential development as defined by Iowa
Code Section 403.17(12), as described in the Urban Renewal Plan; and
Whereas, the City Council finds that the District meets the definition of an economic
development area as found in Chapter 403 of the Iowa Code, and is appropriate for the
provision of public improvements related to housing and residential development; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has
held a public hearing on the proposed Urban Renewal Plan after public notice thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Urban Renewal Plan for the North Cascade Road Housing Ur-
ban Renewal Area is hereby approved.
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Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and
directed to file a certified copy of this Resolution and the Urban Renewal Plan in the of-
fice of the Dubuque County Recorder.
Passed, approved and adopted this 1st day of December, 2014.
Karla A. Braig, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. Greater Dubuque Development Corporation - Quarterly Update: President and
CEO Rick Dickinson to present the quarterly update on the activities of the Greater
Dubuque Development Corporation. Request by Jones to move this item to the end of
the Action Items.
2. Five Flags Center Annual Report Presentation: Five Flags Center General Manag-
er Joyce White of SMG to make a presentation on the current fiscal year activities and
future plans for the Five Flags Center. Motion by Connors to receive and file the docu-
ments and listen to the presentation. Seconded by Jones. Five Flags Center General
Manager Joyce White made a verbal presentation. Motion carried 7-0.
3. Request for Proposal - Arts and Culture Master Plan: City Manager recommending
City approval to distribute a Request for Proposal for the Arts and Cultural Master Plan
Consultant and authorization for the City Manager to negotiate an agreement with the
recommended consultant for presentation to the City Council. Motion by Connors to re-
ceive and file the documents and approve the recommendation. Seconded by Jones.
Motion carried 7-0.
4. Revenue Purpose Statement for Franchise Fees: City Manager recommending
approval of the Revenue Purpose Statement. Motion by Connors to receive and file the
documents and adopt Resolution No. 363-14 Adopting Revenue Purpose Statement re-
garding use of revenues from proposed gas and electric franchise fees pursuant to Iowa
Code § 364.2(4)(f). Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 363 -14
ADOPTING REVENUE PURPOSE STATEMENT REGARDING USE OF REVE-
NUES FROM PROPOSED GAS AND ELECTRIC FRANCHISE FEES PURSUANT
TO IOWA CODE § 364.2(4)(f)
Whereas, the City of Dubuque is considering an amendment to its current gas fran-
chise with Black Hills Energy Corporation, and current electric franchises with Maquo-
keta Valley Rural Electric Cooperative and Interstate Power and Light Company (under
which a franchise fee will be assessed); and
Whereas, the City Council of the City of Dubuque will hold a public hearing re-
garding any amendment to its gas and electric franchises prior to adoption of any
amended franchises; and
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Whereas, Iowa Code §364.2(4)(f) requires adoption of a "Revenue Purpose
Statement" by a city council prior to the adoption of any franchise containing a franchise
fee or any ordinance imposing a franchise fee specifying the purpose or purposes for
which any revenue generated by a franchise fee will be used; and
Whereas, as required by Iowa Code §364.2(4)(f) a copy of the proposed "Revenue
Purpose Statement" has been published in the manner provided by Iowa Code
§362.3.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque:
Section 1: The following "Revenue Purpose Statement" is hereby adopted by the
City Council of the City of Dubuque, to wit:
REVENUE PURPOSE STATEMENT REGARDING USE OF REVENUE FROM GAS
AND ELECTRIC FRANCHISE FEES
Pursuant to Iowa Code §364.2(4)(f) the City of Dubuque states that all revenue gen-
erated from franchise fees assessed on the sales of gas or electricity within the city
shall be deposited in the franchise fee account in the general fund and shall be used to
reimburse the City for all costs associated with inspecting, supervising or otherwise reg-
ulating its franchises. Moneys in the franchise fee account in the general fund in ex-
cess of the amounts necessary for costs associated with inspecting, supervising or
otherwise regulating its franchises shall be expended for any of the following:
Property tax relief. The City will use 100% of the revenue collected from the in-
crease in the gas and electric franchise fee for property tax relief in the form of a deposit
to the City's general fund or debt service fund, and using such fees to pay obligations
that would otherwise be paid that year with a property tax levy.
Section 2. The Assistant City Clerk shall cause this "Revenue Purpose Statement
Regarding Use of Revenue from Gas and Electric Franchise Fees" as adopted to be
published in the manner required by Iowa Code §362.3.
Adopted the 1st day of December, 2014.
Karla A. Braig, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
5. Code of Ordinance Amendment - Tax Increment Finance (TIF) District North Cas-
cade Road Housing Urban Renewal Area: City Manager recommending approval of an
ordinance amending the Tax Increment Financing District for the North Cascade Road
Housing Urban Renewal Area. Motion by Lynch to receive and file the documents and
that the requirement that a proposed ordinance be considered and voted on for passage
at two Council meetings prior to the meeting at which it is to be passed be suspended.
Seconded by Connors. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 67-14 Provid-
ing that general property taxes levied and collected each year on all property located
within the North Cascade Road Housing Urban Renewal Area, in the City of Dubuque,
County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of
Dubuque, County of Dubuque, Dubuque Community School District and other taxing
districts, be paid to a special fund for payment of principal and interest on loans, monies
advanced to and indebtedness, including bonds issued or to be issued, incurred by said
City in connection with said Urban Renewal Redevelopment Project. Seconded by Con-
nors. Motion carried 7-0.
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OFFICIAL PUBLICATION
ORDINANCE NO. 67-14
PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED
EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE NORTH CASCADE
ROAD HOUSING URBAN RENEWAL AREA, IN THE CITY OF DUBUQUE, COUN-
TY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE
OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY
SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL
FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES
ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE
ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RE-
NEWAL REDEVELOPMENT PROJECT
Whereas, the City Council of the City of Dubuque, Iowa, after public notice and hear-
ing as prescribed by law and pursuant to Resolution No. 363 -14 passed and ap-
proved on the 1st day of December, 2014, adopted an Urban Renewal Plan (the "Ur-
ban Renewal Plan") for an urban renewal area known as the North Cascade Road
Housing Urban Renewal Area (the "Urban Renewal Project Area"); and
Whereas, expenditures and indebtedness are anticipated to be incurred by the City
of Dubuque, Iowa in the future to finance urban renewal project activities carried out
in furtherance of the objectives of the Urban Renewal Plan and the future needs for re-
development within the Urban Renewal Project Area are such as to require the applica-
tion of the incremental tax resources of the Urban Renewal Project Area; and
Whereas, the City Council of the City of Dubuque, Iowa desires to provide for the di-
vision of revenue from taxation in the Urban Renewal Project Area, as above described,
in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended,
and the Urban Renewal Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. For purposes of this Ordinance, the following terms have the following
meanings:
(a) UrbanRenewalProjectArea shall include that area described as follows:
LOTS 1 THRU 12 INCLUSIVE, AND LOTS 15 THRU 30 INCLUSIVE, AND LOTS B,
C, AND E, IN TIMBER-HYRST ESTATES, AND;
LOT 2 TIMBER-HYRST PLACE #2, AND;
ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA.
AND
LOTS 2 THRU 25 INCLUSIVE, AND LOTS 45 THRU 50 INCLUSIVE, IN TIM-
BER- HYRST ESTATES NO. 2, AND;
LOT 1 TIMBER-HYRST PLACE #2, AND;
LOT 1 TENTINGER PLACE, AND;
LOT 2 TENTINGER PLACE, AND;
LOT 2 NINE H HIDDEN ACRES, AND;
LOT 41 TIMBER-HYRST ESTATES #2, AND;
LOT 2 DOUBLE H HIDDEN ACRES PLAT 2, AND;
LOT 2 OF NINE H HIDDEN ACRES PLAT 2, AND;
15
LOT 2 NINE H HIDDEN ACRES PLAT 6, AND;
LOT 2 NINE H HIDDEN ACRES PLAT 5, AND;
LOT 2 NINE H HIDDEN ACRES PLAT 4, AND;
LOT 35 TIMBER-HYRST ESTATES #2, AND;
LOT 34 TIMBER-HYRST ESTATES #2, AND;
LOT 33 TIMBER-HYRST ESTATES #2, AND;
LOT 2 TIMBER-HYRST PLACE, AND;
LOT 1 TIMBER-HYRST PLACE, AND;
LOT 29 TIMBER-HYRST ESTATES #2, AND;
LOT 2 NINE H HIDDEN ACRES PLAT #3, AND;
LOT 1 TIMBER-HYRST PLACE #3, AND;
LOT C TIMBER-HYRST ESTATES #2, AND;
LOT 1 OF THE NE 1/4 OF THE SW 1/4, SECTION 2, T88N, R2E, AND;
LOT 3 OF KNEPPER ADDITION, AND;
ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA.
AND
LOTS 1 THRU 24 INCLUSIVE, AND LOTS 32 THRU 34 INCLUSIVE, IN TIMBER-
HYRST ESTATES NO. 3, AND;
LOT 1 TIMBER-HYRST PLACE #6, AND;
LOT 2 TIMBER-HYRST PLACE #6, AND;
LOT 1 TIMBER-HYRST PLACE #4, AND;
LOT 1 TIMBER-HYRST PLACE #5, AND;
LOT 2 TIMBER-HYRST PLACE #5, AND;
ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA.
AND
ALL OF TIMBER-HYRST ESTATES NO. 4 SUBDIVISION, AND;
ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA.
AND
PARTS OF SECTIONS 3 AND 4 IN TOWNSHIP 88 NORTH, RANGE 2 EAST OF
THE 5TH P.M., DUBUQUE COUNTY, IOWA, BEING A STRIP OF LAND 300 FEET IN
WIDTH LYING 150' ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER -
LINE:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE NORTHWEST
QUARTER OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH
P.M. AND THE CENTERLINE OF THE RIGHT OF WAY OF NORTH CASCADE ROAD,
THENCE WESTERLY AND SOUTHWESTERLY ALONG SAID RIGHT OF WAY CEN-
TERLINE APPROXIMATELY 7,190 LINEAL FEET TO THE INTERSECTION WITH
THE NORTH LINE OF LOT 2-1 OF THE NORTHEAST QUARTER OF THE SOUTH-
WEST QUARTER OF SECTION 4, TOWNSHIP 88 NORTH RANGE 2 EAST OF THE
5TH P.M. AND ITS WESTERLY EXTENSION AND THE POINT OF TERMINATION.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN TIMBER-HYRST ES-
TATES NO. 4 SUBDIVISION AND EXCEPTING THEREFROM ANY PORTION LYING
NORTH OF THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION
16
3 AND EXCEPTING THEREFROM ANY PORTION LYING SOUTH OF THE NORTH
LINE OF SAID LOT 2-1 AND ITS WESTERLY EXTENSION.
(b) UrbanRenewalPlan shall mean the Urban Renewal Plan for the North Cas-
cade Road Housing Urban Renewal Area, approved by Resolution No. 363-14
on December 1, 2014, as the same may be amended from time to time.
Section2. That the taxes levied on the taxable property in the Urban Renewal Pro-
ject Area, legally described in Section 1 hereof, by and for the benefit of the State of
Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and
all other taxing districts from and after the effective date of this Ordinance shall be di-
vided as hereinafter in this Ordinance provided.
Section3. That portion of the taxes which would be produced by the rate at which
the tax is levied each year by or for each of the taxing districts upon the total sum of the
assessed value of the taxable property in the Urban Renewal Project Area, as shown
on the assessment roll as of January 1, 2013, being January 1 of the calendar year pre-
ceding the first calendar year in which the City of Dubuque is expected to certify to the
County Auditor the amount of loans, advances, indebtedness, or bonds payable from
the division of property tax revenue described herein, shall be allocated to and when
collected be paid into the fund for the respective taxing district as taxes by or for the tax-
ing district into which all other property taxes are paid. The taxes so determined shall be
referred to herein as the "base period taxes" for such Urban Renewal Project Area.
Section 4. That portion of the taxes each year in excess of the base period taxes de-
termined for the Urban Renewal Project Area as provided in Section 3 of this Ordinance
shall be allocated to and when collected be paid into a special tax increment fund of
the City of Dubuque, Iowa hereby established, to pay the principal of and interest
on loans, monies advanced to, indebtedness, whether funded, refunded, assumed or
otherwise, including bonds or obligations issued under the authority of Section 403.9 or
403.12 of the Code of Iowa, as amended, incurred by the City of Dubuque, Iowa, to fi-
nance or refinance, in whole or in part, urban renewal projects undertaken within the
Urban Renewal Project Area pursuant to the Urban Renewal Plan, except that (i)
taxes for the regular and voter-approved physical plant and equipment levy of a school
district imposed pursuant to Iowa Code Section 298.2 and taxes for the instructional
support program of a school district imposed pursuant to Iowa Code Section 257.19
(but in each case only to the extent required under Iowa Code Section 403.19(2));
(ii) taxes for the payment of bonds and interest of each taxing district; (iii) taxes
imposed under Iowa Code Section 346.27(22) related to joint county-city buildings; and
(iv) any other exceptions described in Section 403.19 shall be collected against all taxa-
ble property within the Urban Renewal Project Area without any limitation as here-
inabove provided.
Section 5. Unless or until the total assessed valuation of the taxable property in the
Urban Renewal Project Area exceeds the total assessed value of the taxable property
in the Urban Renewal Project Area as shown by the assessment rolls referred to in
Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable prop-
erty in the Urban Renewal Project Area shall be paid into the funds for the respective
taxing districts as taxes by or for said taxing districts in the same manner as all other
property taxes.
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Section 6. At such time as the loans, advances, indebtedness, bonds and interest
thereon of the City of Dubuque, Iowa referred to in Section 4 hereof have been paid, all
monies thereafter received from taxes upon the taxable property in the Urban Renewal
Project Area shall be paid into the funds for the respective taxing districts in the same
manner as taxes on all other property.
Section 7. All ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall
be construed so as to fully implement the division of taxes from taxable property in the
Urban Renewal Project Area under the provisions of Section 403.19 of the Code of Io-
wa. In the event that any provision of this Ordinance shall be determined to be contrary
to law it shall not affect other provisions or application of this Ordinance which shall at
all times be construed to fully invoke the provisions of Section 403.19 of the Code of
Iowa with reference to the Urban Renewal Project Area and the territory contained
therein.
Section 8. This Ordinance shall be in effect after its final passage, approval and pub-
lication as provided by law.
Passed and approved this 1st day of December, 2014.
/s/Karla A. Braig, Mayor Pro Tem
Attest: /s/ Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald newspaper on the 5th day of December,
2014.
/s/Trish L. Gleason, Assistant City Clerk
6. General Obligation Capital Loan Notes Complete Action - Series 2014B and
2014C: City Manager recommending approval of the suggested proceedings to com-
plete the action required on the recent Series 2014B and Series 2014C General Obliga-
tion Capital Loan Notes. Motion by Jones to receive and file the documents and adopt
Resolution No. 375-14 Appointing Wells Fargo Bank, National Association of Minneap-
olis, Minnesota, to serve as Paying Agent, Note Registrar, and Transfer Agent, approv-
ing the Paying Agent and Note Registrar and Transfer Agent Agreement and authoriz-
ing the execution of the agreement and Resolution 375-14A Approving and authorizing
a form of Loan Agreement and authorizing and providing for the issuance of
$18,835,000 General Obligation Capital Loan Notes, Series 2014B, and levying a tax to
pay the notes and Resolution No. 376-14 Appointing Wells Fargo Bank, National Asso-
ciation of Minneapolis, Minnesota, to serve as Paying Agent, Note Registrar, and Trans-
fer Agent, approving the Paying Agent and Note Registrar and Transfer Agent Agree-
ment and authorizing the execution of the agreement and Resolution No. 376-14A Ap-
proving and authorizing a form of Loan Agreement and authorizing and providing for the
issuance of $7,615,000 Taxable General Obligation Capital Loan Notes, Series 2014C,
and levying a tax to pay the notes. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 375-14
APPOINTING WELLS FARGO BANK, NATIONAL ASSOCIATION OF MINNEAP-
OLIS, MINNESOTA, TO SERVE AS PAYING AGENT, NOTE REGISTRAR, AND
TRANSFER AGENT, APPROVING THE PAYING AGENT AND NOTE REGISTRAR
18
AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF
THE AGREEMENT
Whereas, $18,835,000 General Obligation Capital Loan Notes, Series 2014B, dated
December 8, 2014, have been sold and action should now be taken to provide for the
maintenance of records, registration of certificates and payment of principal and interest
in connection with the issuance of the notes; and
Whereas, this Council has deemed that the services offered by Wells Fargo Bank,
National Association of Minneapolis, Minnesota, are necessary for compliance with
rules, regulations, and requirements governing the registration, transfer and payment of
registered notes; and
Whereas, a Paying Agent, Note Registrar and Transfer Agent Agreement (hereafter
"Agreement") has been prepared to be entered into between the City and Wells Fargo
Bank, National Association.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That Wells Fargo Bank, National Association of Minneapolis, Minnesota, is
hereby appointed to serve as Paying Agent, Note Registrar and Transfer Agent in con-
nection with the issuance of $18,835,000 General Obligation Capital Loan Notes, Series
2014B, dated December 8, 2014.
Section 2. That the Agreement with Wells Fargo Bank, National Association of Min-
neapolis, Minnesota, is hereby approved and that the Mayor and Clerk are authorized to
sign the Agreement on behalf of the City.
Passed and approved this 1st day of December, 2014.
Karla A. Braig, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
RESOLUTION NO. 375-14A
APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHOR-
IZING AND PROVIDING FOR THE ISSUANCE OF $18,835,000 GENERAL OBLIGA-
TION CAPITAL LOAN NOTES, SERIES 2014B, AND LEVYING A TAX TO PAY THE
NOTES
Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of
the laws and Constitution of the State of Iowa; and
Whereas, the Issuer is in need of funds to pay costs of acquisition of ambulances
and ambulance improvements, improvements to existing parks of the type normally
found in parks; equipping the Police Department; equipping the Street Department; im-
provements to the existing Municipal Airport; opening, widening, extending, grading, and
draining of the right-of-way of streets, highways, avenues, alleys and public grounds; the
construction, reconstruction, and repairing of any street improvements; the acquisition,
installation, and repair of sidewalks, storm sewers, sanitary sewers, water service lines
and traffic control devices, and the acquisition of any real estate needed for any of the
foregoing purposes; acquisition, construction, improvement, and installation of street
lighting fixtures, connections, and facilities, construction, reconstruction, and repair of
sidewalks and pedestrian underpasses and overpasses, and the acquisition of real es-
tate needed for such purposes; acquisition, construction, reconstruction, extension, im-
provement, and equipping of works and facilities useful for the collection, treatment, and
19
disposal of sewage and industrial waste in a sanitary manner, and for the collection and
disposal of surface waters and streams; acquisition, construction, reconstruction, en-
largement, improvement, and repair of bridges, culverts, retaining walls, viaducts, un-
derpasses, grade crossing separations, and approaches thereto, essential corporate
purposes, and it is deemed necessary and advisable that General Obligation Capital
Loan Notes to the amount of not to exceed $18,335,000 be issued for said purposes;
and
Whereas, pursuant to notice published as required by Section 384.25 of said Code,
this Council has held a public meeting and hearing upon the proposal to institute pro-
ceedings for the issuance of said Notes, and the Council is therefore now authorized to
proceed with the issuance of said Notes for such purposes; and
Whereas, the Issuer is also in need of funds to pay costs of acquisition, construction,
reconstruction, improvement, repair, and equipping of waterworks, water mains, and ex-
tensions, and real and personal property, useful for providing potable water to residents
of a city, acquisition, improvement and equipping of recreation grounds, including the
Bunker Hill Golf Course and the concrete skate park, and improvements to City Hall,
transit bus stops, Fire Station #2 and Ham House, general corporate purposes, and it is
deemed necessary and advisable that General Obligation Capital Loan Notes to the
amount of not to exceed $575,000 be authorized for said purposes; and
Whereas, the Issuer has a population of more than 5,000 but not more than 75,000,
and the Notes for these purposes do not exceed $700,000; and
Whereas, pursuant to notice published as required by Section 384.26 (5) of said
Code, the Council of the City has held public meeting and hearing upon the proposal to
institute proceedings for the issuance of Notes for general corporate purposes in the
amounts as above set forth, and, no petition for referendum having been received, the
Council is therefore now authorized to proceed with the issuance of said Notes for such
purposes thereof; and
Whereas, the Issuer is in need of funds to pay costs of acquisition, construction,
maintenance, improvement and equipping of parking ramps, parking lots, and street
parking, general corporate purposes, and it is deemed necessary and advisable that
General Obligation Capital Loan Notes to the amount of not to exceed $500,000 be au-
thorized for said purposes; and
Whereas, the Issuer has a population of more than 5,000 but not more than 75,000,
and the Notes for these purposes do not exceed $700,000; and
Whereas, pursuant to notice published as required by Section 384.26 (5) of said
Code, the Council of the City has held public meeting and hearing upon the proposal to
institute proceedings for the issuance of Notes for general corporate purposes in the
amounts as above set forth, and, no petition for referendum having been received, the
Council is therefore now authorized to proceed with the issuance of said Notes for such
purposes thereof; and
Whereas, the Issuer is also in need of funds to pay costs of aiding in the planning,
undertaking and carrying out of urban renewal projects, including Transit Building roof
repairs, Central Avenue Master Plan and bus storage and maintenance facility im-
provements, essential corporate purposes, and it is deemed necessary and advisable
that General Obligation Capital Loan Notes to the amount of not to exceed $8,265,000
be authorized for said purposes; and
20
Whereas, pursuant to notice published as required by Sections 384.24 (3)(q) and
384.25 of said Code, this Council has held a public meeting and hearing upon the pro-
posal to institute proceedings for the issuance of said Notes, and no petitions for refer-
endum having been received, the Council is therefore now authorized to proceed with
the issuance of said Notes for such purposes; and
Whereas, pursuant to Sections 384.24, 384.24A and 384.28 of the City Code of Iowa,
it is hereby found and determined that the various general obligation notes authorized as
hereinabove described shall be combined for the purpose of issuance in a single issue
of $18,835,000 Corporate Purpose General Obligation Capital Loan Notes, Series
2014B as hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by necessary implication requires otherwise:
thereof.
"Authorized Denominations" shall mean $5,000 or any integral multiple
"Beneficial Owner" shall mean the person in whose name such Note is recorded as
the beneficial owner of a Note by a Participant on the records of such Participant or
such person's subrogee.
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nom-
inee of DTC with respect to the Notes.
"Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Cer-
tificate executed by the Issuer and dated the date of issuance and delivery of the Notes,
as originally executed and as it may be amended from time to time in accordance with
the terms thereof.
"Depository Notes" shall mean the Notes as issued in the form of one global certifi-
cate for each maturity, registered in the Registration Books maintained by the Registrar
in the name of DTC or its nominee.
"DTC" shall mean The Depository Trust Company, New York, New York, a limited
purpose trust company, or any successor book -entry securities depository appointed for
the Notes.
"Issuer" and "City" shall mean the City of Dubuque, State of Iowa.
"Loan Agreement" shall mean a Loan Agreement between the Issuer and a lender or
lenders in substantially the form attached to and approved by this Resolution.
"Note Fund" shall mean the fund created in Section 4 of this Resolution. "Notes" shall
mean $18,835,000 General Obligation Capital Loan Notes, Series 2014B, authorized to
be issued by this Resolution.
"Participants" shall mean those broker-dealers, banks and other financial institutions
for which DTC holds Notes as securities depository.
"Paying Agent" shall mean Wells Fargo Bank, National Association, or such succes-
sor as may be approved by Issuer as provided herein and who shall carry out the duties
prescribed herein as Issuer's agent to provide for the payment of principal of and inter-
est on the Notes as the same shall become due.
"Project" shall mean the costs of:
a) acquisition of ambulances and ambulance improvements, improvements to exist-
ing parks of the type normally found in parks; equipping the Police Department; equip -
21
ping the Street Department; improvements to the existing Municipal Airport; opening,
widening, extending, grading, and draining of the right-of-way of streets, highways, ave-
nues, alleys and public grounds; the construction, reconstruction, and repairing of any
street improvements; the acquisition, installation, and repair of sidewalks, storm sewers,
sanitary sewers, water service lines and traffic control devices, and the acquisition of
any real estate needed for any of the foregoing purposes; acquisition, construction, im-
provement, and installation of street lighting fixtures, connections, and facilities, con-
struction, reconstruction, and repair of sidewalks and pedestrian underpasses and
overpasses, and the acquisition of real estate needed for such purposes; acquisition,
construction, reconstruction, extension, improvement, and equipping of works and facili-
ties useful for the collection, treatment, and disposal of sewage and industrial waste in a
sanitary manner, and for the collection and disposal of surface waters and streams; ac-
quisition, construction, reconstruction, enlargement, improvement, and repair of bridges,
culverts, retaining walls, viaducts, underpasses, grade crossing separations, and ap-
proaches thereto;
b) acquisition, construction, reconstruction, improvement, repair, and equipping of
waterworks, water mains, and extensions, and real and personal property, useful for
providing potable water to residents of a city, acquisition, improvement and equipping of
recreation grounds, including the Bunker Hill Golf Course and the concrete skate park,
and improvements to City Hall, transit bus stops, Fire Station #2 and Ham House;
c) aiding in the planning, undertaking and carrying out of urban renewal projects, in-
cluding Transit Building roof repairs, Central Avenue Master Plan and bus storage and
maintenance facility improvements; and
d) acquisition, construction, maintenance, improvement and equipping of parking
ramps, parking lots, and street parking.
"Project Fund" shall mean the fund required to be established by this Resolution for
the deposit of the proceeds of the Notes.
"Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax
Exemption Certificate.
"Registrar" shall mean Wells Fargo Bank, National Association of Minneapolis, Min-
nesota, or such successor as may be approved by Issuer as provided herein and who
shall carry out the duties prescribed herein with respect to maintaining a register of the
owners of the Notes. Unless otherwise specified, the Registrar shall also act as Transfer
Agent for the Notes.
"Representation Letter" shall mean the Blanket Issuer Letter of Representations exe-
cuted and delivered by the Issuer to DTC on file with DTC. "Resolution" shall mean this
resolution authorizing the Notes.
"Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by
the Finance Director and delivered at the time of issuance and delivery of the Notes.
"Treasurer" shall mean the Finance Director or such other officer as shall succeed to
the same duties and responsibilities with respect to the recording and payment of the
Notes issued hereunder.
Section 2. The form of Loan Agreement in substantially the form attached to this
Resolution is hereby approved and is authorized to be executed and issued on behalf of
the Issuer by the Mayor and attested by the City Clerk.
Section 3. Levy and Certification of Annual Tax; Other Funds to be Used.
22
(a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal
and interest of the Notes hereinafter authorized to be issued, there is hereby levied for
each future year the following direct annual tax on all of the taxable property in the City
of Dubuque, State of Iowa, to -wit:
AMOUNT
YEAR OF COLLECTION
FISCAL YEAR (JULY 1 TO JUNE 30)
$288,633.68*
2014/2015
$830,625
2015/2016
$828,726
2016/2017
$1,101,675
2017/2018
$1,571,226
2018/2019
$1,551,225
2019/2020
$1,535,926
2020/2021
$1,535,175
2021/2022
$1,483,526
2022/2023
$1,472,475
2023/2024
$1,475,826
2024/2025
$1,393,125
2025/2026
$1,386,926
2026/2027
$1,394,975
2027/2028
$1,400,444
2028/2029
$1,398,231
2029/2030
$1,378,407
2030/2031
$1,376,406
2031/2032
$1,378,007
2032/2033
$1,373,031
2033/2034
*No levy needed. Payable from capitalized interest and cash on hand/accrued inter-
est.
(NOTE: For example the levy to be made and certified against the taxable valuations
of January 1, 2015, will be collected during the fiscal year commencing July 1, 2016).
(b) Resolution to be Filed With County Auditor. A certified copy of this Resolution
shall be filed with the Auditor of Dubuque County, Iowa and the Auditor is hereby in-
structed in and for each of the years as provided, to levy and assess the tax hereby au-
thorized in Section 3 of this Resolution, in like manner as other taxes are levied and as-
sessed, and such taxes so levied in and for each of the years aforesaid be collected in
like manner as other taxes of the City are collected, and when collected be used for the
purpose of paying principal and interest on said Notes issued in anticipation of the tax,
and for no other purpose whatsoever.
(c) Additional City Funds Available. Principal and interest coming due at anytime
when the proceeds of said tax on hand shall be insufficient to pay the same shall be
promptly paid when due from current funds of the City available for that purpose and
reimbursement shall be made from such special fund in the amounts thus advanced.
Section 4. Note Fund. Said tax shall be assessed and collected each year at the
same time and in the same manner as, and in addition to, all other taxes in and for the
City, and when collected they shall be converted into a special fund within the Debt Ser -
23
vice Fund to be known as the "GENERAL OBLIGATION CAPITAL LOAN NOTE FUND
NO. 2" (the "Note Fund"), which is hereby pledged for and shall be used only for the
payment of the principal of and interest on the Notes hereinafter authorized to be is-
sued; and also there shall be apportioned to said fund its proportion of taxes received
by the City from property that is centrally assessed by the State of Iowa.
Section 5. Application of Note Proceeds. Proceeds of the Notes other than accrued
interest except as may be provided below shall be credited to the Project Fund and ex-
pended therefrom for the purposes of the Project. Any amounts on hand in the Project
Fund shall be available for the payment of the principal of or interest on the Notes at
any time that other funds shall be insufficient to the purpose, in which event such funds
shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in
the Project Fund and not immediately required for its purposes may be invested not in-
consistent with limitations provided by law or this Resolution. Accrued interest, if any,
shall be deposited in the Note Fund.
Section 6. Capitalized Interest Fund. There is hereby created a special capitalized in-
terest fund known as the "CAPITALIZED INTEREST FUND — 2014B" into which fund
there shall be deposited $288,633.68 of Note proceeds, which fund is hereby pledged to
pay interest payments on the 2014B Notes coming due on December 1, 2014, and June
1, 2015. Lender shall be authorized to draw upon said Capitalized Interest Fund for the
purpose of making payment of the amounts of interest falling due on the 2014B Notes.
Section 7. Investments of Note Fund Proceeds. All moneys held in the Note Fund
and the Project Fund, shall be invested in investments permitted by Chapter 12B, Code
of Iowa, 2013, as amended, or deposited in financial institutions which are members of
the Federal Deposit Insurance Corporation and the deposits in which are insured there-
by and all such deposits exceeding the maximum amount insured from time to time by
FDIC or its equivalent successor in any one financial institution shall be continuously
secured in compliance with Chapter 12C of the Code of Iowa, 2013, as amended, or
otherwise by a valid pledge of direct obligations of the United States Government hav-
ing an equivalent market value. All such interim investments shall mature before the
date on which the moneys are required for payment of principal of or interest on the
Notes as herein provided.
Section 8. Note Details, Execution and Redemption.
(a) Note Details. General Obligation Capital Loan Notes, Series 2014B, of the City in
the total amount of $18,835,000, shall be issued to evidence the obligations of the Issu-
er under the Loan Agreement pursuant to the provisions of Sections 384.24, 384.24A,
and 384.28 of the City Code of Iowa, as amended, for the aforesaid purpose. The Notes
shall be issued in one or more series and shall be on a parity and secured equally and
ratably from the sources provided in Section 3 of this Resolution. The Notes shall be
designated "GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2014B", be
dated December 8, 2014, and bear interest from the date thereof, until payment thereof,
at the office of the Paying Agent, said interest payable on June 1, 2015, and semiannu-
ally thereafter on the 1st day of June and December in each year until maturity at the
rates hereinafter provided.
The Notes shall be executed by the manual or facsimile signature of the Mayor and
attested by the manual or facsimile signature of the City Clerk, and impressed or printed
with the seal of the City and shall be fully registered as to both principal and interest as
24
provided in this Resolution; principal, interest and premium, if any, shall be payable at
the office of the Paying Agent by mailing of a check to the registered owner of the Note.
The Notes shall be in the denomination of $5,000 or multiples thereof and shall mature
and bear interest as follows:
Principal Amount
Interest Rate
Maturity June 1st
$230,000
3.000%
2016
$235,000
3.000%
2017
$515,000
3.000%
2018
$1,000,000
3.000%
2019
$1,010,000
3.000%
2020
$1,025,000
3.000%
2021
$1,055,000
3.000%
2022
$1,035,000
3.000%
2023
$1,055,000
3.000%
2024
$1,090,000
3.000%
2025
$1,040,000
3.000%
2026
$1,065,000
3.000%
2027
$1,105,000
3.125%
2028
$1,145,000
3.250%
2029
$1,180,000
3.375%
2030
$1,200,000
3.500%
2031
$1,240,000
3.500%
2032
$1,285,000
3.500%
2033
$1,325,000
3.625%
2034
(b) Redemption. Notes maturing after June 1, 2021, may be called for redemption by
the Issuer and paid before maturity on said date or any date thereafter, from any funds
regardless of source, in whole or from time to time in part, in any order of maturity and
within an annual maturity by lot. The terms of redemption shall be par, plus accrued in-
terest to date of call.
Thirty days' written notice of redemption shall be given to the registered owner of the
Note. Failure to give such notice by mail to any registered owner of the Notes or any de-
fect therein shall not affect the validity of any proceedings for the redemption of the
Notes. All Notes or portions thereof called for redemption will cease to bear interest af-
ter the specified redemption date, provided funds for their redemption are on deposit at
the place of payment.
If selection by lot within a maturity is required, the Registrar shall designate the Notes
to be redeemed by random selection of the names of the registered owners of the entire
annual maturity until the total amount of Notes to be called has been reached.
Section 9. Issuance of Notes in Book -Entry Form; Replacement Notes.
(a) Notwithstanding the other provisions of this Resolution regarding registration,
ownership, transfer, payment and exchange of the Notes, unless the Issuer determines
to permit the exchange of Depository Notes for Notes in the Authorized Denominations,
the Notes shall be issued as Depository Notes in denominations of the entire principal
amount of each maturity of Notes (or, if a portion of said principal amount is prepaid,
said principal amount less the prepaid amount); and such Depository Notes shall be
registered in the name of Cede & Co., as nominee of DTC. Payment of semi-annual in -
25
terest for any Depository Note shall be made by wire transfer or New York Clearing
House or equivalent next day funds to the account of Cede & Co. on the interest pay-
ment date for the Notes at the address indicated in or pursuant to the Representation
Letter.
(b) With respect to Depository Notes, neither the Issuer nor the Paying Agent shall
have any responsibility or obligation to any Participant or to any Beneficial Owner. With-
out limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent
shall have any responsibility or obligation with respect to (i) the accuracy of the records
of DTC or its nominee or of any Participant with respect to any ownership interest in the
Notes, (ii) the delivery to any Participant, any Beneficial Owner or any other person,
other than DTC or its nominee, of any notice with respect to the Notes, (iii) the payment
to any Participant, any Beneficial Owner or any other person, other than DTC or its
nominee, of any amount with respect to the principal of, premium, if any, or interest on
the Notes, or (iv) the failure of DTC to provide any information or notification on behalf
of any Participant or Beneficial Owner.
The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or
its nominee to be, the absolute owner of each Note for the purpose of payment of the
principal of, premium, if any, and interest on such Note, for the purpose of all other mat-
ters with respect to such Note, for the purpose of registering transfers with respect to
such Notes, and for all other purposes whatsoever (except for the giving of certain
Noteholder consents, in accordance with the practices and procedures of DTC as may
be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and
interest on the Notes only to or upon the order of the Noteholders as shown on the Reg-
istration Books, and all such payments shall be valid and effective to fully satisfy and
discharge the Issuer's obligations with respect to the principal of, premium, if any, and
interest on the Notes to the extent so paid. Notwithstanding the provisions of this Reso-
lution to the contrary (including without limitation those provisions relating to the surren-
der of Notes, registration thereof, and issuance in Authorized Denominations), as long
as the Notes are Depository Notes, full effect shall be given to the Representation Letter
and the procedures and practices of DTC thereunder, and the Paying Agent shall com-
ply therewith.
(c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its
functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that
the Notes are no longer eligible for its depository services or (iii) a determination by the
Paying Agent that DTC has resigned or discontinued its services for the Notes, if such
substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute
depository as set forth below or, if a satisfactory substitute is not found, (B) provide for
the exchange of Depository Notes for replacement Notes in Authorized Denominations.
(d) To the extent authorized by law, if the Issuer determines to provide for the ex-
change of Depository Notes for Notes in Authorized Denominations, the Issuer shall so
notify the Paying Agent and shall provide the Registrar with a supply of executed unau-
thenticated Notes to be so exchanged. The Registrar shall thereupon notify the owners
of the Notes and provide for such exchange, and to the extent that the Beneficial Own-
ers are designated as the transferee by the owners, the Notes will be delivered in ap-
propriate form, content and Authorized Denominations to the Beneficial Owners, as their
interests appear.
26
(e) Any substitute depository shall be designated in writing by the Issuer to the Pay-
ing Agent. Any such substitute depository shall be a qualified and registered "clearing
agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amend-
ed. The substitute depository shall provide for (i) immobilization of the Depository Notes,
(ii) registration and transfer of interests in Depository Notes by book entries made on
records of the depository or its nominee and (iii) payment of principal of, premium, if
any, and interest on the Notes in accordance with and as such interests may appear
with respect to such book entries.
Section 10. Registration of Notes; Appointment of Registrar; Transfer; Ownership;
Delivery; and Cancellation.
(a) Registration. The ownership of Notes may be transferred only by the making of an
entry upon the books kept for the registration and transfer of ownership of the Notes,
and in no other way. Wells Fargo Bank, National Association is hereby appointed as
Registrar under the terms of this Resolution and under the provisions of a separate
agreement with the Issuer filed herewith which is made a part hereof by this reference.
Registrar shall maintain the books of the Issuer for the registration of ownership of the
Notes for the payment of principal of and interest on the Notes as provided in this Reso-
lution. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial
Code subject to the provisions for registration and transfer contained in the Notes and in
this Resolution.
(b) Transfer. The ownership of any Note may be transferred only upon the Registra-
tion Books kept for the registration and transfer of Notes and only upon surrender
thereof at the office of the Registrar together with an assignment duly executed by the
holder or his duly authorized attorney in fact in such form as shall be satisfactory to the
Registrar, along with the address and social security number or federal employer identi-
fication number of such transferee (or, if registration is to be made in the name of multi-
ple individuals, of all such transferees). In the event that the address of the registered
owner of a Note (other than a registered owner which is the nominee of the broker or
dealer in question) is that of a broker or dealer, there must be disclosed on the Registra-
tion Books the information pertaining to the registered owner required above. Upon the
transfer of any such Note, a new fully registered Note, of any denomination or denomi-
nations permitted by this Resolution in aggregate principal amount equal to the unma-
tured and unredeemed principal amount of such transferred fully registered Note, and
bearing interest at the same rate and maturing on the same date or dates shall be de-
livered by the Registrar.
(c) Registration of Transferred Notes. In all cases of the transfer of the Notes, the
Registrar shall register, at the earliest practicable time, on the Registration Books, the
Notes, in accordance with the provisions of this Resolution.
(d) Ownership. As to any Note, the person in whose name the ownership of the same
shall be registered on the Registration Books of the Registrar shall be deemed and re-
garded as the absolute owner thereof for all purposes, and payment of or on account of
the principal of any such Notes and the premium, if any, and interest thereon shall be
made only to or upon the order of the registered owner thereof or his legal representa-
tive. All such payments shall be valid and effectual to satisfy and discharge the liability
upon such Note, including the interest thereon, to the extent of the sum or sums so
paid.
27
(e) Cancellation. All Notes which have been redeemed shall not be reissued but shall
be cancelled by the Registrar. All Notes which are cancelled by the Registrar shall be
destroyed and a certificate of the destruction thereof shall be furnished promptly to the
Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the can-
celled Notes to the Issuer.
(f) Non -Presentment of Notes. In the event any payment check representing payment
of principal of or interest on the Notes is returned to the Paying Agent or if any Note is
not presented for payment of principal at the maturity or redemption date, if funds suffi-
cient to pay such principal of or interest on Notes shall have been made available to the
Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner
thereof for such interest or payment of such Notes shall forthwith cease, terminate and
be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold
such funds, without liability for interest thereon, for the benefit of the owner of such
Notes who shall thereafter be restricted exclusively to such funds for any claim of what-
ever nature on his part under this Resolution or on, or with respect to, such interest or
Notes. The Paying Agent's obligation to hold such funds shall continue for a period
equal to two years and six months following the date on which such interest or principal
became due, whether at maturity, or at the date fixed for redemption thereof, or other-
wise, at which time the Paying Agent, shall surrender any remaining funds so held to
the Issuer, whereupon any claim under this Resolution by the Owners of such interest
or Notes of whatever nature shall be made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the
Issuer's expense, one Note for each annual maturity. The Registrar shall furnish addi-
tional Notes in lesser denominations (but not less than the minimum denomination) to
an owner who so requests.
Section 11. Reissuance of Mutilated, Destroyed, Stolen or Lost Notes. In case any
outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall
at the request of Registrar authenticate and deliver a new Note of like tenor and amount
as the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for
such mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of
and substitution for the Note destroyed, stolen or lost, upon filing with the Registrar evi-
dence satisfactory to the Registrar and Issuer that such Note has been destroyed, sto-
len or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer
with satisfactory indemnity and complying with such other reasonable regulations as the
Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in
connection therewith.
Section 12. Record Date. Payments of principal and interest, otherwise than upon full
redemption, made in respect of any Note, shall be made to the registered holder thereof
or to their designated Agent as the same appear on the books of the Registrar on the
15th day of the month preceding the payment date. All such payments shall fully dis-
charge the obligations of the Issuer in respect of such Notes to the extent of the pay-
ments so made. Payment of principal shall only be made upon surrender of the Note to
the Paying Agent.
Section 13. Execution, Authentication and Delivery of the Notes. The Mayor and
Clerk shall execute and deliver the Notes to the Registrar, who shall authenticate the
Notes and deliver the same to or upon order of the Purchaser. No Note shall be valid or
28
obligatory for any purpose or shall be entitled to any right or benefit hereunder unless
the Registrar shall duly endorse and execute on such Note a Certificate of Authentica-
tion substantially in the form of the Certificate herein set forth. Such Certificate upon any
Note executed on behalf of the Issuer shall be conclusive evidence that the Note so au-
thenticated has been duly issued under this Resolution and that the holder thereof is
entitled to the benefits of this Resolution.
No Notes shall be authenticated and delivered by the Registrar unless and until there
shall have been provided the following:
1. A certified copy of the resolution of Issuer approving the execution of a Loan
Agreement and a copy of the Loan Agreement;
2. A written order of Issuer signed by the Finance Director directing the authenti-
cation and delivery of the Notes to or upon the order of the Purchaser upon pay-
ment of the purchase price as set forth therein;
3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning
the validity and legality of all the Notes proposed to be issued.
Section 14. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the
right to name a substitute, successor Registrar or Paying Agent upon giving prompt writ-
ten notice to each registered noteholder.
Section 15. Form of Note. Notes shall be printed in substantial compliance with
standards proposed by the American Standards Institute substantially in the form as
[provided]:
Section 15. Contract Between Issuer and Purchaser. This Resolution shall constitute
a contract between said City and the purchaser of the Notes.
Section 16. Non -Arbitrage Covenants. The Issuer reasonably expects and covenants
that no use will be made of the proceeds from the issuance and sale of the Notes is-
sued hereunder which will cause any of the Notes to be classified as arbitrage notes
within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the Unit-
ed States, as amended, and that throughout the term of the Notes it will comply with the
requirements of statutes and regulations issued thereunder.
To the best knowledge and belief of the Issuer, there are no facts or circumstances
that would materially change the foregoing statements or the conclusion that it is not
expected that the proceeds of the Notes will be used in a manner that would cause the
Notes to be arbitrage notes. Without limiting the generality of the foregoing, the Issuer
hereby agrees to comply with the provisions of the Tax Exemption Certificate and the
provisions of the Tax Exemption Certificate are hereby incorporated by reference as
part of this Resolution. The Treasurer is hereby directed to make and insert all calcula-
tions and determinations necessary to complete the Tax Exemption Certificate in all re-
spects and to execute and deliver the Tax Exemption Certificate at issuance of the
Notes to certify as to the reasonable expectations and covenants of the Issuer at that
date.
Section 17. Severability Clause. If any section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall not affect any of the remaining provi-
sions hereof, and this Resolution shall become effective immediately upon its passage
and approval.
Section 18. Continuing Disclosure. The Issuer hereby covenants and agrees that it
will comply with and carry out all of the provisions of the Continuing Disclosure Certifi-
29
cate, and the provisions of the Continuing Disclosure Certificate are hereby incorpo-
rated by reference as part of this Resolution and made a part hereof. Notwithstanding
any other provision of this Resolution, failure of the Issuer to comply with the Continuing
Disclosure Certificate shall not be considered an event of default under this Resolution;
however, any holder of the Notes or Beneficial Owner may take such actions as may be
necessary and appropriate, including seeking specific performance by court order, to
cause the Issuer to comply with its obligations under the Continuing Disclosure Certifi-
cate. For purposes of this Section, "Beneficial Owner" means any person which (a) has
the power, directly or indirectly, to vote or consent with respect to, or to dispose of own-
ership of, any Notes (including persons holding Notes through nominees, depositories
or other intermediaries), or (b) is treated as the owner of any Notes for federal income
tax purposes.
Section 19. Additional Covenants, Representations and Warranties of the Issuer. The
Issuer certifies and covenants with the purchasers and holders of the Notes from time to
time outstanding that the Issuer through its officers, (a) will make such further specific
covenants, representations and assurances as may be necessary or advisable; (b)
comply with all representations, covenants and assurances contained in the Tax Ex-
emption Certificate, which Tax Exemption Certificate shall constitute a part of the con-
tract between the Issuer and the owners of the Notes; (c) consult with bond counsel (as
defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary,
such sums of money representing required rebates of excess arbitrage profits relating to
the Notes; (e) file such forms, statements and supporting documents as may be re-
quired and in a timely manner; and (f) if deemed necessary or advisable by its officers,
to employ and pay fiscal agents, financial advisors, attorneys and other persons to as-
sist the Issuer in such compliance.
Section 20. Amendment of Resolution to Maintain Tax Exemption. This Resolution
may be amended without the consent of any owner of the Notes if, in the opinion of
bond counsel, such amendment is necessary to maintain tax exemption with respect to
the Notes under applicable Federal law or regulations.
Section 21. Repeal of Conflicting Resolutions or Ordinances. All ordinances and
resolutions and parts of ordinances and resolutions in conflict herewith are hereby re-
pealed.
Passed and approved this 1st day of December, 2014.
Karla A. Braig, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
RESOLUTION 376-14
APPOINTING WELLS FARGO BANK, NATIONAL ASSOCIATION OF MINNEAP-
OLIS, MINNESOTA, TO SERVE AS PAYING AGENT, NOTE REGISTRAR, AND
TRANSFER AGENT, APPROVING THE PAYING AGENT AND NOTE REGISTRAR
AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF
THE AGREEMENT
Whereas, $7,615,000 Taxable General Obligation Capital Loan Notes, Series 2014C,
dated December 8, 2014, have been sold and action should now be taken to provide for
the maintenance of records, registration of certificates and payment of principal and in-
terest in connection with the issuance of the notes; and
30
Whereas, this Council has deemed that the services offered by Wells Fargo Bank,
National Association of Minneapolis, Minnesota, are necessary for compliance with
rules, regulations, and requirements governing the registration, transfer and payment of
registered notes; and
Whereas, a Paying Agent, Note Registrar and Transfer Agent Agreement (hereafter
"Agreement") has been prepared to be entered into between the City and Wells Fargo
Bank, National Association.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. That Wells Fargo Bank, National Association of Minneapolis, Minnesota, is
hereby appointed to serve as Paying Agent, Note Registrar and Transfer Agent in con-
nection with the issuance of $7,615,000 Taxable General Obligation Capital Loan Notes,
Series 2014C, dated December 8, 2014.
Section 2. That the Agreement with Wells Fargo Bank, National Association of Min-
neapolis, Minnesota, is hereby approved and that the Mayor and Clerk are authorized to
sign the Agreement on behalf of the City.
Passed and approved this 1st day of December, 2014.
Karla A. Braig, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
RESOLUTION 376-14A
APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHOR-
IZING AND PROVIDING FOR THE ISSUANCE OF $7,615,000 TAXABLE GENERAL
OBLIGATION CAPITAL LOAN NOTES, SERIES 2014C, AND LEVYING A TAX TO
PAY THE NOTES
Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of
the laws and Constitution of the State of Iowa; and
Whereas, the Issuer is in need of funds to pay costs of aiding in the planning, under-
taking and carrying out of urban renewal projects, including, intermodal facility im-
provements, Millwork District parking improvements, homeownership purchase, rehabili-
tation and resale program costs, land acquisition and improvements in the Dubuque In-
dustrial Center West Urban Renewal Project, essential corporate purposes, and it is
deemed necessary and advisable that Taxable General Obligation Capital Loan Notes
to the amount of not to exceed $8,265,000 be authorized for said purposes; and
Whereas, pursuant to notice published as required by Sections 384.24 (3)(q) and
384.25 of said Code, this Council has held a public meeting and hearing upon the pro-
posal to institute proceedings for the issuance of said Notes, and no petitions for refer-
endum having been received, the Council is therefore now authorized to proceed with
the issuance of said Notes for such purposes; and
Whereas, the City is in need of funds to pay costs of acquisition, construction,
maintenance, improvement and equipping of parking ramps, parking lots, and street
parking, general corporate purposes, and it is deemed necessary and advisable that
Taxable General Obligation Capital Loan Notes to the amount of not to exceed
$500,000 be authorized for said purpose(s); and
Whereas, the Issuer has a population of more than 5,000 but not more than 75,000,
and the Notes for these purposes do not exceed $700,000; and
31
Whereas, pursuant to notice published as required by Section 384.26 (5) of said
Code, the Council of the City has held public meeting and hearing upon the proposal to
institute proceedings for the issuance of Notes for general corporate purpose(s) in the
amounts as above set forth, and, no petition for referendum having been received, the
Council is therefore now authorized to proceed with the issuance of said Notes for such
purposes thereof; and
Whereas, pursuant to Sections 384.24, 384.24A and 384.28 of the City Code of Iowa,
it is hereby found and determined that the various taxable general obligation notes au-
thorized as hereinabove described shall be combined for the purpose of issuance in a
single issue of $7,615,000 Corporate Purpose Taxable General Obligation Capital Loan
Notes as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
Section 1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by necessary implication requires otherwise:
thereof.
"Authorized Denominations" shall mean $5,000 or any integral multiple
"Beneficial Owner" shall mean the person in whose name such Note is recorded as the
beneficial owner of a Note by a Participant on the records of such Participant or such
person's subrogee.
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nom-
inee of DTC with respect to the Notes.
"Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Cer-
tificate executed by the Issuer and dated the date of issuance and delivery of the Notes,
as originally executed and as it may be amended from time to time in accordance with
the terms thereof.
"Depository Notes" shall mean the Notes as issued in the form of one global certifi-
cate for each maturity, registered in the Registration Books maintained by the Registrar
in the name of DTC or its nominee.
"DTC" shall mean The Depository Trust Company, New York, New York, a limited
purpose trust company, or any successor book-entry securities depository appointed for
the Notes.
"Issuer" and "City" shall mean the City of Dubuque, State of Iowa.
"Loan Agreement" shall mean a Loan Agreement between the Issuer and a lender or
lenders in substantially the form attached to and approved by this Resolution.
"Note Fund" shall mean the fund created in Section 4 of this Resolution. "Notes" shall
mean $7,615,000 Taxable General Obligation Capital Loan Notes, Series 2014C, au-
thorized to be issued by this Resolution.
"Participants" shall mean those broker-dealers, banks and other financial institutions
for which DTC holds Notes as securities depository.
"Paying Agent" shall mean Wells Fargo Bank, National Association, or such succes-
sor as may be approved by Issuer as provided herein and who shall carry out the duties
prescribed herein as Issuer's agent to provide for the payment of principal of and inter -
est on the Notes as the same shall become due.
"Project" shall mean the costs of:
32
a) aiding in the planning, undertaking and carrying out of urban renewal projects, in-
cluding, intermodal facility improvements, Millwork District parking improvements,
homeownership purchase, rehabilitation and resale program costs, land acquisition and
improvements in the Dubuque Industrial Center West Urban Renewal Project; and
b) acquisition, construction, maintenance, improvement and equipping of parking
ramps, parking lots, and street parking.
"Project Fund" shall mean the fund required to be established by this Resolution for
the deposit of the proceeds of the Notes.
"Registrar" shall mean Wells Fargo Bank, National Association of Minneapolis, Min-
nesota, or such successor as may be approved by Issuer as provided herein and who
shall carry out the duties prescribed herein with respect to maintaining a register of the
owners of the Notes. Unless otherwise specified, the Registrar shall also act as Transfer
Agent for the Notes.
"Representation Letter" shall mean the Blanket Issuer Letter of Representations exe-
cuted and delivered by the Issuer to DTC on file with DTC.
"Resolution" shall mean this resolution authorizing the Notes.
"Treasurer" shall mean the Finance Director or such other officer as shall succeed to
the same duties and responsibilities with respect to the recording and payment of the
Notes issued hereunder.
Section 2. The form of Loan Agreement in substantially the form attached to this
Resolution is hereby approved and is authorized to be executed and issued on behalf of
the Issuer by the Mayor and attested by the City Clerk.
Section 3. Levy and Certification of Annual Tax; Other Funds to be Used.
(a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal
and interest of the Notes hereinafter authorized to be issued, there is hereby levied for
each future year the following direct annual tax on all of the taxable property in the City
of Dubuque, State of Iowa, to -wit:
Amount
FISCAL YEAR (JULY 1 TO JUNE 30)
YEAR OF COLLECTION
$131,946*
2014/2015
$374,568
2015/2016
$371,569
2016/2017
$373,568
2017/2018
$395,419
2018/2019
$396,518
2019/2020
$417,469
2020/2021
$677,668
2021/2022
$679,919
2022/2023
$676,718
2023/2024
$683,219
2024/2025
$678,178
2025/2026
$682,099
2026/2027
$684,598
2027/2028
$685,619
2028/2029
$689,018
2029/2030
$691,419
2030/2031
33
$687,818
2031/2032
$688,419
2032/2033
$687,225
2033/2034
*No levy needed. Payable from capitalized interest and cash on hand/accrued inter-
est.
(NOTE: For example the levy to be made and certified against the taxable valuations
of January 1, 2015, will be collected during the fiscal year commencing July 1, 2016).
(b) Resolution to be Filed With County Auditor. A certified copy of this Resolution
shall be filed with the Auditor of Dubuque County, Iowa and the Auditor is hereby in-
structed in and for each of the years as provided, to levy and assess the tax hereby au-
thorized in Section 3 of this Resolution, in like manner as other taxes are levied and as-
sessed, and such taxes so levied in and for each of the years aforesaid be collected in
like manner as other taxes of the City are collected, and when collected be used for the
purpose of paying principal and interest on said Notes issued in anticipation of the tax,
and for no other purpose whatsoever.
(c) Additional City Funds Available. Principal and interest coming due at anytime
when the proceeds of said tax on hand shall be insufficient to pay the same shall be
promptly paid when due from current funds of the City available for that purpose and
reimbursement shall be made from such special fund in the amounts thus advanced.
Section 4. Note Fund. Said tax shall be assessed and collected each year at the
same time and in the same manner as, and in addition to, all other taxes in and for the
City, and when collected they shall be converted into a special fund within the Debt Ser-
vice Fund to be known as the "GENERAL OBLIGATION CAPITAL LOAN NOTE FUND
NO. 3" (the "Note Fund"), which is hereby pledged for and shall be used only for the
payment of the principal of and interest on the Notes hereinafter authorized to be is-
sued; and also there shall be apportioned to said fund its proportion of taxes received
by the City from property that is centrally assessed by the State of Iowa.
Section 5. Application of Note Proceeds. Proceeds of the Notes other than accrued
interest except as may be provided below shall be credited to the Project Fund and ex-
pended therefrom for the purposes of the Project. Any amounts on hand in the Project
Fund shall be available for the payment of the principal of or interest on the Notes at
any time that other funds shall be insufficient to the purpose, in which event such funds
shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in
the Project Fund and not immediately required for its purposes may be invested not in-
consistent with limitations provided by law or this Resolution. Accrued interest, if any,
shall be deposited in the Note Fund.
Section 6. Capitalized Interest Fund. There is hereby created a special capitalized in-
terest fund known as the "CAPITALIZED INTEREST FUND — 2014C" into which fund
there shall be deposited $104,541.86 of Note proceeds, which fund is hereby pledged to
pay interest payments on the 2014C Notes coming due on December 1, 2014, and June
1, 2015. Lender shall be authorized to draw upon said Capitalized Interest Fund for the
purpose of making payment of the amounts of interest falling due on the 2014C Notes.
Section 7. Investments of Note Fund Proceeds. All moneys held in the Note Fund
and the Project Fund, shall be invested in investments permitted by Chapter 12B, Code
of Iowa, 2013, as amended, or deposited in financial institutions which are members of
the Federal Deposit Insurance Corporation and the deposits in which are insured there -
34
by and all such deposits exceeding the maximum amount insured from time to time by
FDIC or its equivalent successor in any one financial institution shall be continuously
secured in compliance with Chapter 12C of the Code of Iowa, 2013, as amended, or
otherwise by a valid pledge of direct obligations of the United States Government hav-
ing an equivalent market value. All such interim investments shall mature before the
date on which the moneys are required for payment of principal of or interest on the
Notes as herein provided.
Section 8. Note Details, Execution and Redemption.
(a) Note Details. Taxable General Obligation Capital Loan Notes, Series 2014C, of
the City in the total amount of $7,615,000, shall be issued to evidence the obligations of
the Issuer under the Loan Agreement pursuant to the provisions of Sections 384.24,
384.24A, and 384.28 of the City Code of Iowa, as amended, for the aforesaid purpose.
The Notes shall be issued in one or more series and shall be on a parity and secured
equally and ratably from the sources provided in Section 3 of this Resolution. The Notes
shall be designated "TAXABLE GENERAL OBLIGATION CAPITAL LOAN NOTES, SE-
RIES 2014C", be dated December 8, 2014, and bear interest from the date thereof, until
payment thereof, at the office of the Paying Agent, said interest payable on June 1,
2015, and semiannually thereafter on the 1st day of June and December in each year
until maturity at the rates hereinafter provided.
The Notes shall be executed by the manual or facsimile signature of the Mayor and
attested by the manual or facsimile signature of the City Clerk, and impressed or printed
with the seal of the City and shall be fully registered as to both principal and interest as
provided in this Resolution; principal, interest and premium, if any, shall be payable at
the office of the Paying Agent by mailing of a check to the registered owner of the Note.
The Notes shall be in the denomination of $5,000 or multiples thereof and shall mature
and bear interest as follows:
Principal Amount
Interest Rate
Maturity June 1st
$100,000
3.000%
2016
$100,000
3.000%
2017
$105,000
3.000%
2018
$130,000
3.000%
2019
$135,000
3.000%
2020
$160,000
3.000%
2021
$425,000
3.000%
2022
$440,000
3.000%
2023
$450,000
3.000%
2024
$470,000
3.200%
2025
$480,000
3.350%
2026
$500,000
3.500%
2027
$520,000
3.650%
2028
$540,000
4.000%
2029
$565,000
4.000%
2030
$590,000
4.000%
2031
$610,000
4.000%
2032
$635,000
4.125%
2033
$660,000
4.125%
2034
35
(b) Redemption. Notes maturing after June 1, 2021, may be called for redemption by
the Issuer and paid before maturity on said date or any date thereafter, from any funds
regardless of source, in whole or from time to time in part, in any order of maturity and
within an annual maturity by lot. The terms of redemption shall be par, plus accrued in-
terest to date of call. Thirty days' written notice of redemption shall be given to the regis-
tered owner of the Note. Failure to give such notice by mail to any registered owner of
the Notes or any defect therein shall not affect the validity of any proceedings for the
redemption of the Notes. All Notes or portions thereof called for redemption will cease to
bear interest after the specified redemption date, provided funds for their redemption
are on deposit at the place of payment.
If selection by lot within a maturity is required, the Registrar shall designate the Notes
to be redeemed by random selection of the names of the registered owners of the entire
annual maturity until the total amount of Notes to be called has been reached.
Section 9. Issuance of Notes in Book-Entry Form; Replacement Notes.
(a) Notwithstanding the other provisions of this Resolution regarding registration,
ownership, transfer, payment and exchange of the Notes, unless the Issuer determines
to permit the exchange of Depository Notes for Notes in the Authorized Denominations,
the Notes shall be issued as Depository Notes in denominations of the entire principal
amount of each maturity of Notes (or, if a portion of said principal amount is prepaid,
said principal amount less the prepaid amount); and such Depository Notes shall be
registered in the name of Cede & Co., as nominee of DTC. Payment of semi-annual in-
terest for any Depository Note shall be made by wire transfer or New York Clearing
House or equivalent next day funds to the account of Cede & Co. on the interest pay-
ment date for the Notes at the address indicated in or pursuant to the Representation
Letter.
(b) With respect to Depository Notes, neither the Issuer nor the Paying Agent shall
have any responsibility or obligation to any Participant or to any Beneficial Owner. With-
out limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent
shall have any responsibility or obligation with respect to (i) the accuracy of the records
of DTC or its nominee or of any Participant with respect to any ownership interest in the
Notes, (ii) the delivery to any Participant, any Beneficial Owner or any other person,
other than DTC or its nominee, of any notice with respect to the Notes, (iii) the payment
to any Participant, any Beneficial Owner or any other person, other than DTC or its
nominee, of any amount with respect to the principal of, premium, if any, or interest on
the Notes, or (iv) the failure of DTC to provide any information or notification on behalf
of any Participant or Beneficial Owner.
The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or
its nominee to be, the absolute owner of each Note for the purpose of payment of the
principal of, premium, if any, and interest on such Note, for the purpose of all other mat-
ters with respect to such Note, for the purpose of registering transfers with respect to
such Notes, and for all other purposes whatsoever (except for the giving of certain
Noteholder consents, in accordance with the practices and procedures of DTC as may
be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and
interest on the Notes only to or upon the order of the Noteholders as shown on the Reg-
istration Books, and all such payments shall be valid and effective to fully satisfy and
discharge the Issuer's obligations with respect to the principal of, premium, if any, and
36
interest on the Notes to the extent so paid. Notwithstanding the provisions of this Reso-
lution to the contrary (including without limitation those provisions relating to the surren-
der of Notes, registration thereof, and issuance in Authorized Denominations), as long
as the Notes are Depository Notes, full effect shall be given to the Representation Letter
and the procedures and practices of DTC thereunder, and the Paying Agent shall com-
ply therewith.
(c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its
functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that
the Notes are no longer eligible for its depository services or (iii) a determination by the
Paying Agent that DTC has resigned or discontinued its services for the Notes, if such
substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute
depository as set forth below or, if a satisfactory substitute is not found, (B) provide for
the exchange of Depository Notes for replacement Notes in Authorized Denominations.
(d) To the extent authorized by law, if the Issuer determines to provide for the ex-
change of Depository Notes for Notes in Authorized Denominations, the Issuer shall so
notify the Paying Agent and shall provide the Registrar with a supply of executed unau-
thenticated Notes to be so exchanged. The Registrar shall thereupon notify the owners
of the Notes and provide for such exchange, and to the extent that the Beneficial Own-
ers are designated as the transferee by the owners, the Notes will be delivered in ap-
propriate form, content and Authorized Denominations to the Beneficial Owners, as their
interests appear.
(e) Any substitute depository shall be designated in writing by the Issuer to the Pay-
ing Agent. Any such substitute depository shall be a qualified and registered "clearing
agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amend-
ed. The substitute depository shall provide for (i) immobilization of the Depository Notes,
(ii) registration and transfer of interests in Depository Notes by book entries made on
records of the depository or its nominee and (iii) payment of principal of, premium, if
any, and interest on the Notes in accordance with and as such interests may appear
with respect to such book entries.
Section 10. Registration of Notes; Appointment of Registrar; Transfer; Ownership;
Delivery; and Cancellation.
(a) Registration. The ownership of Notes may be transferred only by the making of an
entry upon the books kept for the registration and transfer of ownership of the Notes,
and in no other way. Wells Fargo Bank, National Association is hereby appointed as
Registrar under the terms of this Resolution and under the provisions of a separate
agreement with the Issuer filed herewith which is made a part hereof by this reference.
Registrar shall maintain the books of the Issuer for the registration of ownership of the
Notes for the payment of principal of and interest on the Notes as provided in this Reso-
lution. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial
Code subject to the provisions for registration and transfer contained in the Notes and in
this Resolution.
(b) Transfer. The ownership of any Note may be transferred only upon the Registra-
tion Books kept for the registration and transfer of Notes and only upon surrender
thereof at the office of the Registrar together with an assignment duly executed by the
holder or his duly authorized attorney in fact in such form as shall be satisfactory to the
Registrar, along with the address and social security number or federal employer identi-
37
fication number of such transferee (or, if registration is to be made in the name of multi-
ple individuals, of all such transferees). In the event that the address of the registered
owner of a Note (other than a registered owner which is the nominee of the broker or
dealer in question) is that of a broker or dealer, there must be disclosed on the Registra-
tion Books the information pertaining to the registered owner required above. Upon the
transfer of any such Note, a new fully registered Note, of any denomination or denomi-
nations permitted by this Resolution in aggregate principal amount equal to the unma-
tured and unredeemed principal amount of such transferred fully registered Note, and
bearing interest at the same rate and maturing on the same date or dates shall be de-
livered by the Registrar.
(c) Registration of Transferred Notes. In all cases of the transfer of the Notes, the
Registrar shall register, at the earliest practicable time, on the Registration Books, the
Notes, in accordance with the provisions of this Resolution.
(d) Ownership. As to any Note, the person in whose name the ownership of the same
shall be registered on the Registration Books of the Registrar shall be deemed and re-
garded as the absolute owner thereof for all purposes, and payment of or on account of
the principal of any such Notes and the premium, if any, and interest thereon shall be
made only to or upon the order of the registered owner thereof or his legal representa-
tive. All such payments shall be valid and effectual to satisfy and discharge the liability
upon such Note, including the interest thereon, to the extent of the sum or sums so
paid.
(e) Cancellation. All Notes which have been redeemed shall not be reissued but shall
be cancelled by the Registrar. All Notes which are cancelled by the Registrar shall be
destroyed and a certificate of the destruction thereof shall be furnished promptly to the
Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the can-
celled Notes to the Issuer.
(f) Non -Presentment of Notes. In the event any payment check representing payment
of principal of or interest on the Notes is returned to the Paying Agent or if any Note is
not presented for payment of principal at the maturity or redemption date, if funds suffi-
cient to pay such principal of or interest on Notes shall have been made available to the
Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner
thereof for such interest or payment of such Notes shall forthwith cease, terminate and
be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold
such funds, without liability for interest thereon, for the benefit of the owner of such
Notes who shall thereafter be restricted exclusively to such funds for any claim of what-
ever nature on his part under this Resolution or on, or with respect to, such interest or
Notes. The Paying Agent's obligation to hold such funds shall continue for a period
equal to two years and six months following the date on which such interest or principal
became due, whether at maturity, or at the date fixed for redemption thereof, or other-
wise, at which time the Paying Agent, shall surrender any remaining funds so held to
the Issuer, whereupon any claim under this Resolution by the Owners of such interest
or Notes of whatever nature shall be made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the
Issuer's expense, one Note for each annual maturity. The Registrar shall furnish addi-
tional Notes in lesser denominations (but not less than the minimum denomination) to
an owner who so requests.
38
Section 11. Reissuance of Mutilated, Destroyed, Stolen or Lost Notes. In case any
outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall
at the request of Registrar authenticate and deliver a new Note of like tenor and amount
as the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for
such mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of
and substitution for the Note destroyed, stolen or lost, upon filing with the Registrar evi-
dence satisfactory to the Registrar and Issuer that such Note has been destroyed, sto-
len or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer
with satisfactory indemnity and complying with such other reasonable regulations as the
Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in
connection therewith.
Section 12. Record Date. Payments of principal and interest, otherwise than upon full
redemption, made in respect of any Note, shall be made to the registered holder thereof
or to their designated Agent as the same appear on the books of the Registrar on the
15th day of the month preceding the payment date. All such payments shall fully dis-
charge the obligations of the Issuer in respect of such Notes to the extent of the pay-
ments so made. Payment of principal shall only be made upon surrender of the Note to
the Paying Agent.
Section 13. Execution, Authentication and Delivery of the Notes. The Mayor and
Clerk shall execute and deliver the Notes to the Registrar, who shall authenticate the
Notes and deliver the same to or upon order of the Purchaser. No Note shall be valid or
obligatory for any purpose or shall be entitled to any right or benefit hereunder unless
the Registrar shall duly endorse and execute on such Note a Certificate of Authentica-
tion substantially in the form of the Certificate herein set forth. Such Certificate upon any
Note executed on behalf of the Issuer shall be conclusive evidence that the Note so au-
thenticated has been duly issued under this Resolution and that the holder thereof is
entitled to the benefits of this Resolution.
No Notes shall be authenticated and delivered by the Registrar unless and until there
shall have been provided the following:
1. A certified copy of the resolution of Issuer approving the execution of a Loan
Agreement and a copy of the Loan Agreement;
2. A written order of Issuer signed by the Finance Director directing the authentication
and delivery of the Notes to or upon the order of the Purchaser upon payment of the
purchase price as set forth therein;
3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the
validity and legality of all the Notes proposed to be issued.
Section 14. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the
right to name a substitute, successor Registrar or Paying Agent upon giving prompt writ-
ten notice to each registered noteholder.
Section 15. Form of Note. Notes shall be printed in substantial compliance with
standards proposed by the American Standards Institute substantially in the form as
[provided]:
Section 15. Contract Between Issuer and Purchaser. This Resolution shall constitute
a contract between said City and the purchaser of the Notes.
Section 16. Severability Clause. If any section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall not affect any of the remaining provi-
39
sions hereof, and this Resolution shall become effective immediately upon its passage
and approval.
Section 17. Continuing Disclosure. The Issuer hereby covenants and agrees that it
will comply with and carry out all of the provisions of the Continuing Disclosure Certifi-
cate, and the provisions of the Continuing Disclosure Certificate are hereby incorpo-
rated by reference as part of this Resolution and made a part hereof. Notwithstanding
any other provision of this Resolution, failure of the Issuer to comply with the Continuing
Disclosure Certificate shall not be considered an event of default under this Resolution;
however, any holder of the Notes or Beneficial Owner may take such actions as may be
necessary and appropriate, including seeking specific performance by court order, to
cause the Issuer to comply with its obligations under the Continuing Disclosure Certifi-
cate. For purposes of this Section, "Beneficial Owner" means any person which (a) has
the power, directly or indirectly, to vote or consent with respect to, or to dispose of own-
ership of, any Notes (including persons holding Notes through nominees, depositories
or other intermediaries), or (b) is treated as the owner of any Notes for federal income
tax purposes.
Section 18. Repeal of Conflicting Resolutions or Ordinances. All ordinances and
resolutions and parts of ordinances and resolutions in conflict herewith are hereby re-
pealed.
Passed and approved this 1st day of December, 2014.
Karla A. Braig, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
7. Catfish Creek Watershed Partnership - 28E Agreement: City Manager recom-
mending City Council authorization to amend the existing 28E agreement with Dubuque
County and the Dubuque Soil and Water Conservation District for the continued joint
support of the Catfish Creek Watershed Authority Board and the Urban Conservationist
Position for the Catfish Creek Watershed. Motion by Lynch to receive and file the doc-
uments and adopt Resolution No. 377-14 Authorizing the Amending of a 28E Agree-
ment with Dubuque County and the Dubuque Soil and Water Conservation District Re-
garding the implementation of a Waterhsed Management Plan for the Catfish Creek
Watershed Basin. Seconded by Connors. Dubuque Soil and Water Conservation Dis-
trict Urban Conservationist Eric Schmechel addressed Council questions. Motion car-
ried 7-0.
RESOLUTION NO. 377-14
AUTHORIZING THE AMENDING OF A 28E AGREEMENT WITH DUBUQUE COUN-
TY AND THE DUBUQUE SOIL AND WATER CONSERVATION DISTRICT REGARD-
ING THE IMPLEMENTATION OF A WATERHSED MANAGEMENT PLAN FOR THE
CATFISH CREEK WATERSHED BASIN
Whereas, the City of Dubuque's MS4 permit requires the preparation and implemen-
tation of a watershed management plan for the Catfish Creek Watershed; and
Whereas, the Catfish Creek Watershed Basin extends beyond the City limits and the
health of the watershed is impacted by what occurs both inside and outside the City lim-
its; and
40
Whereas, a partnership with Dubuque County and the Dubuque Soil and Water Con-
servation District allows all parties access to data for a better understanding of the
health of the streams within the Catfish Creek Watershed Basin; and
Whereas, in 2011 the City of Dubuque entered into a 28E Agreement with Dubuque
County and the Dubuque Soil and Water Conservation District for the purpose of creat-
ing an urban conservationist position to perform urban conservation and watershed re-
lated activities pertinent to Dubuque County, the City of Dubuque, and the Dubuque Soil
& Water Conservation District; and
Whereas, the 28E Agreement is to remain in effect for five years unless renewed; and
Whereas, it is in the best interest of the City of Dubuque to amend and renew the
agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The Mayor is hereby authorized to sign the 28E Agreement in the form attached here-
to for the purpose of maintaining the services of an urban conservationist position to per-
form urban conservation and watershed related activities pertinent to Dubuque County,
the City of Dubuque, and the Dubuque Soil & Water Conservation District.
Passed, approved and adopted this 1st day of December, 2014.
Karla A. Braig, Mayor Pro Tem
Attest: Trish L. Gleason, Assistant City Clerk
8. EPA 2.5 PM Advance Program- Path Forward Air Quality Plan: City Manager rec-
ommending submittal of the EPA PM Advance Program, Path Forward Plan Draft to the
EPA for their comment and consideration. Motion by Jones to receive and file the doc-
uments and approve the recommendation. Seconded by Resnick. Motion carried 7-0.
9. Request to Reschedule Inclusive Dubuque Work Session: City Manager recom-
mending rescheduling the February 2, 2015 quarterly work session on Inclusive Dubu-
que to Monday, February 16, 2015, at 5:00 p.m. Motion by Lynch to receive and file the
documents and approve the recommendation. Seconded by Jones. Motion carried 7-0.
10. Greater Dubuque Development Corporation - Quarterly Update: President and
CEO Rick Dickinson to present the quarterly update on the activities of the Greater
Dubuque Development Corporation. Motion by Connors to receive and file the docu-
ments and listen to the presentation. Seconded by Jones. Rick Dickinson made a verbal
presentation. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council member Sutton reported that the Mayor and she attended the National
League of Cities Conference.
There being no further business, upon motion the City Council adjourned at 8:03 p.m.
/s/Trish L. Gleason, CMC
Assistant City Clerk
41